No. 23-5424

Caesar V. Vaca v. United States

Lower Court: Eighth Circuit
Docketed: 2023-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review civil-rights-restoration constitutional-challenge criminal-procedure due-process federal-firearms-law felony-possession habeas-corpus ineffective-assistance ineffective-assistance-of-counsel restoration-of-civil-rights second-amendment
Key Terms:
DueProcess
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Whether reasonable jurist could debate that trial and appellate counsel failed to invoke 18 U.S.C. §921(a)(20)

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether reasonable jurist could debate that trial and appellate counsel failed to invoke 18 U.S.C. §921(a)(20) _ despite abundant legal support for invoking ou the basis of restoration of civil rights, does counsel's error render that failure non-prejudicial? Il. Whether reasonable jurist could debate that appellate counsel failed to raise the issue that a prior conviction was inadmissible under Huddleston because it was | not relevant under Fed. R. Evid. 401, does counsel's error render that failure nou-prejudicial? III. Whether reasonable jurist could debate that appellate counsel failed to raise a Rehaif claim, does counsel's error render that failure non-prejudicial? IV. Whether reasonable jurist could debate that 18 U.S.C. §922(g)(1) is unconstitutional as applied to petitioner's non-violent felony based on the new Second Amendment | framework that was adopted in Bruen? | . X\ i ; ;

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-07
Waiver of right of respondent United States to respond filed.
2023-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2023)

Attorneys

Caesar Vaca
Caesar V. Vaca — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent